When will enterprises in Vietnam be entitled to use an additional seal? What are the conditions for the use of seals?
What are the conditions for the use of seals of enterprises in Vietnam?
Pursuant to Article 5 of Decree 99/2016/ND-CP stipulates as follows:
Conditions for the use of seal
1. The bodies, organizations or titles of the state are only permitted to use their seals upon regulations on the permission for use of seal in the legal normative documents or decision from the competent bodies; must register their seal sample before use.
2. The use of seal with national Emblem must be stipulated in the laws, Ordinance, Decree or Decision of the Prime Minister stipulating the functions, duties, power and organizational structure of organizations and bodies or stipulated in the international agreements in which Vietnam is a member.
3. The bodies, organizations or titles of the state having functions of issuing diplomas, certificates and papers with photo or sealing documents according to regulations of law are permitted to use the embossed seal, small-sized seal or wax seal.
4. The bodies, organizations or titles of the state only use one seal under the sample stipulated by the competent state body.
In necessary cases of additional use of seal like the issued one (wet seal, embossed seal, small-sized seal or wax seal), comply with the following provisions:
a) The bodies, organizations or titles of the state must be permitted by the competent body if using additional wet seal;
b) The bodies, organizations or titles of the state can decide by themselves the additional use of embossed seal, small-sized seal or wax seal;
c) The economic organizations can decide by themselves the additional use of seal by themselves.
Thus, enterprises can decide on their own the number of seals, provided that they can only use their seals when there are regulations on the permission to use seals in legal documents or decisions of agencies. competent authority, and use the seal according to the form prescribed by the competent state agency.
When will enterprises in Vietnam be entitled to use an additional seal? What are the conditions for the use of seals?
When will enterprises in Vietnam be entitled to use an additional seal?
Pursuant to Article 43 of the Law on Enterprises 2020, the seal of enterprises is as follows:
The enterprise’s seals
1. The enterprise’s seals can be physical or digital as prescribed by e-transaction laws.
2. The enterprise shall decide the type, quantity, design and content of its seal and the seals of its branches, representative offices and other units.
3. The management and storage of seals shall comply with the company's charter or regulations of the enterprise, branch, representative office or unit that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.
According to this regulation, an enterprise has the right to decide on the form, quantity and content of its seal, however, the seal must show the criteria of the enterprise name and enterprise code.
Therefore, the business can have 2 seals.
If enterprises want to make more seals, they shall proceed according to Clause 4, Article 5 of Decree 99/2016/ND-CP.
Conditions for the use of seal
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4. The bodies, organizations or titles of the state only use one seal under the sample stipulated by the competent state body.
In necessary cases of additional use of seal like the issued one (wet seal, embossed seal, small-sized seal or wax seal), comply with the following provisions:
a) The bodies, organizations or titles of the state must be permitted by the competent body if using additional wet seal;
b) The bodies, organizations or titles of the state can decide by themselves the additional use of embossed seal, small-sized seal or wax seal;
c) The economic organizations can decide by themselves the additional use of seal by themselves.
Thus, according to the regulations, in necessary cases of additional use of seal, the enterprises must be permitted by the competent body. Enterprises who want to use additional seals shall engrave their seals and carry out procedures for announcing the contents of their seals to the Department of Planning and Investment.
What is the dossier for registration of additional seals for enterprises in Vietnam?
Pursuant to Article 16 of Decree 99/2016/ND-CP stipulates as follows:
Dossier for registration of additional seal
1. For the bodies, organizations or titles of the State registering additional wet seal: A written permission for use of additional wet seal from the competent authorities.
2. For the bodies, organizations or titles of the State registering additional embossed seal, small-sized seal or wax seal: A written request for registration of additional seal of the head of bodies, organizations or titles of the State.
3. For the economic organizations registering additional embossed seal, small-sized seal or wax seal: A written request for registration of additional seal of the head of economic organization.
Thus, in order to register more seals, depending on each type of seal, enterprises need to prepare appropriate documents.
In addition, subjects also need to pay attention to the prohibited acts on seals specified in Article 6 of Decree 99/2016/ND-CP as follows:
Prohibited acts
1. Forge seal or use fake seal.
2. Illegally buy and sell or destroy seal.
3. Use invalid seal.
4. Intentionally distort or modify the content of registered seal sample.
5. Fail to hand in seal as decided by the competent body or seal sample registration body.
6. Borrow, lend, rent, lease, pledge, mortgage seal or use seal of another body or organization for operation.
7. Illegally occupy or appropriate seal.
8. Use seal without registration of seal sample.
9. Forge, modify or distort the content of information in the Certificate of seal sample registration.
10. Affix seal on the signature of person having no authority.
11. Fail to comply with the seal inspection and fail to present seal upon requirement for inspection of the seal sample registration body.
12. Take advantage of assigned duties during the settlement of seal procedure to harass, disturb or infringe the legitimate rights and interests of bodies, organizations and individuals.
13. Other acts as prescribed by law.
Thus, when you want to register more seals, you need to prepare appropriate documents and note the above-prohibited acts.
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